SMT. SUJATA MUKHERJEEversusPRASHANT KUMAR MUKHERJEE

                   SMT. SUJATA MUKHERJEE                                      A
                              v.
                 PRASHANT KUMAR MUKHERJEE

                             APRIL 30, 1997

                [G.N. RAY AND G.T. NANAVATI, JJ.]                             B

      Code of Criminal Procedure, 1973 :

       S. 178(c}--Complaint by wife against husband and other members of
his family for dowry demand and maltreatment-Complaint filed in C
Raipur-Accused contending before Chief Judicial Magistrate, Raipur that
case at Raipur was not mailltainable as alleged offence was committed at
Raigarli--Chief Judicial Magistrate Raipur refusing to transfer the case from
Raipur to Raigarh--Held-Complaillt reveals continuing offence-Clause (c)
of s. 178 is clearly attracted-Chief Judicial Magistrate Raipur to proceed with
the case.                                                                       D
     CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
46of1991.

     From the Judgment and Order dated 31.8.89 of Madhya Pri!desh
High Court in Cr!. Revision No. 463 of 1989.                                  E
                                   With

      Criminal Appeal No. 47 of 1991.

     From the Judgment and Order 30.8.89 of the Madhya Pradesh High           F
Court in Cr!. Revision No. 481 of 1989.

      S.K. Gambhir for the Appellant.

      Anoop Choudhary, Sakcsh Kumar and Uma Nath Singh for State of
M.P. for the Respondent.                                                      G
      K.M.K. Nair and S.K. Mehta for the Respondent.

      The following Order of the Court was delivered :

      These two appeals are directed against the order dated 31.8.89 H
                                1127
    1128                 SUPREME COURT REPORTS                  [1997) 3 S.C.R.

A passed by the Madhya Pradesh High Court disposing of Criminal Revision
    No. 481 of 1989 and Criminal Revision No. 463/89. Criminal Revision No.
    481/89 was preferred by all the five respondents against refusal by the
    learned Chief judicial Magistrate, Raipur to transfer the case from Raipur
    to Raigarh. Criminal Revision No. 463/89 was preferred by four of the
    respondents challenging the assumption of jurisdiction of the Chief Judicial
B   Magistrate, Raipur in the complaint made by the appellant for offences
    under Section 498 A and 506 B and 323 of the Indian Penal Code. The
    respondents are the husband, parents-in-law and two sisters-in-law of the
    appellant Sujata Mukherjee. The gist of the allegation of the appellant,
    Sujata Mukherjee is that on account of dowry demands, she had been
C   maltreated and humiliated not only in the house of the in-laws at Raigarh
    but as a consequence of such events, the husband of the appellant had also
    come to the house of her parents at Raipur and had also assaulted her.

         The respondents contended before the learned Chief Judicial
D Magistrate Raipur that the criminal case was not maintainable before the
  said learned Chief Judicial Magistrate because the cause of action took
  place only at Raigarh which was outside the territorial jurisdiction of the
  learned Magistrate at Raipur. A prayer was also made to quash the
  summons issued by the learned Chief Judicial Magistrate by entertaining
  the said complaint of Smt. Mukherjee. As the Chief Judicial Magistrate
E was not inclined either to quash the summons or to transfer the criminal
  case to the competent Court at Raigarh, the aforesaid criminal revision
  petitions were filed; one by all the five respondents and another by four of
  the respondents excluding the husband presumably because there was
  specific allegation against the husband that the husband had also gone to
F Raipur and had assaulted the appellant and as such husband could not
  plead want of territorial jurisdiction. Both the said criminal revisions case
  have been disposed of by a common order dated 31.8.89 by the High Court.
  The High Court having held that excepting against the husband, the
  complaint against other respondents related to the incidents taking place
  at Raigarh. Hence, the criminal case on the basis of complaint made by
G the appellant was not maintainable against the said other respondents at
  Raipur but such case was maintainable so far as the husband of the
  appellant, namely Sri S.S. Mukherjee is concerned.

           At the hearing of these appeals, Mr. Gambhir, the learned counsel
H appearing for the appellant has submitted that it will be evident from the
                 S. MUKHERJEE v. P .K. MUKHERJEE                       1129

complaint that the appellant lias alleged that she had been subjected to       A
cruel treatment persistently at Raigarh and also at Raipur and incident
taking place at Raipur is not an isolated event, but consequential to the
series of incidents taking place at Raigarh. Therefore, the High Court was
wrong in appreciating the scope of the complaint and proceeded on the
footing that several isolated events had been place at Raigarh and one
isolated incident had taken place at Raipur. Hence, the criminal case filed
                                                                               B
in the Court of the Chief Judicial Magistrate, Raipur was only maintainable
against the respondent-husband against whom some overt act at Raipur
was alleged. But such case was not maintainable against the other respon-
dents.
                                                                               c
      In this connection, Mr. Gambhir has drawn our attention to Section
178 of the Code of Criminal Procedure in particular clauses (b) and (c) of
Section 178. Clause (b) envisages that "where an offence is committed
partly in one local area and partly in another" such offence can be tried by
a Court having jurisdiction over any such local areas. Clause (c) con-         D
templates that "where an offence is a continuing one, and continues to be
committed in more local areas" then such offence can be tried by a Court
having jurisdiction over any of such local areas.

      Mr. Gambhir has submitted that complaint made by the appellant
Sujata Mukherjee discloses offence committed partly in one local area and      E
partly in another local area. The complaint also discloses that the offence
was continuing one having been committed in more local areas and one of
the local areas being Raipur, the learned Magistrate at Raipur had juris-
diction to proceed with the criminal case instituted in such Court.
                                                                               F
      Mr. Anoop Choudhary, learned senior counsel appearing for the
State has submitted that Clause (b) of Section 178 is not attracted but if
this Court is inclined to accept the submission of Mr. Gambhir that the
offence was continuing one arid the episode at Raipur was only a sequence
of the continuing offence of harassment and ill treatment meted out to the
complainant, clause (c) of the Section 178 may be attracted. Mr. Choud-        G
hary has submitted that from the complaint it cannot be reasonably held
that all the accused had committed the offence partly in one area and
partly in another local area. Therefore, it will not be appropriate to apply
clause (b) of Section 178 of the Code of Criminal Procedure. In our view,
there is force in such submission of Mr. Choudhary.                            H
    1130                 SUPREME COURT REPORTS                  [1997) 3 S.C.R.

A       Despite service being effected on the private respondents, no one has
  appeared for any of the accused respondents. We have taken into con-
  sideration the complaint filed by the appellant and it appears to us that the
                                                                                  --
  complaint reveals a continuing offence of mal treatment and humiliation
  meted out to the appellant in the hands of all the accused-respondents and
  in such continuing offence, on some occasions all the respondents had
B taken part and on other occasion, one of the respondents had taken part.
  Therefore, clause (c) of Section 178 of the Code of Criminal Procedure is
  clearly attracted. We, therefore, set aside the impugned order of the High
  Court and direct the learned Chief Judicial Magistrate, Raipur to proceed
  with the criminal case. Since the matter is pending for long, steps should
C be taken to expedite the hearing. The appeals arc accordingly allowed.
    R.P.                                                     Appeals allowed.